Rent-Stabilized Tenant's Son Gets Apartment

December 8, 2020

LVT Number: #31113

Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed succession rights to the apartment. The trial court ruled for the son and ordered landlord to offer him a renewal lease. Landlord appealed and lost. The son showed that he primarily resided with tenant in the apartment for at least two years immediately prior to tenant's death. The court's ruling was based on testimony as well as the son's documents, which included his driver's license, Social Security and health insurance statements, and prescription receipts.

Landlord sued to evict rent-stabilized tenant's son after tenant died. The son claimed succession rights to the apartment. The trial court ruled for the son and ordered landlord to offer him a renewal lease. Landlord appealed and lost. The son showed that he primarily resided with tenant in the apartment for at least two years immediately prior to tenant's death. The court's ruling was based on testimony as well as the son's documents, which included his driver's license, Social Security and health insurance statements, and prescription receipts. The court accepted the son's statements that he didn't have assets, didn't file tax returns, and didn't have a cell phone. Human Resources Administration (HRA) records indicating that the son was "homeless" for purposes of receiving food stamps, and tenant's nursing home records containing inconsistent references to the son's residence, didn't warrant a contrary result since no single factor was relied on in an assessment of primary residence.

631 Edgecombe, LP v. Walker: Index No. 570144/20/ 2020 NY Slip Op 51395(U)(App. T. 1 Dept.; 11/20/20; Cooper, JP, Higgitt, McShan, JJ)

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